[This guest post is authored by Raghav Agrawal, a third-year B.A., LL.B. (Hons.) student at Hidayatullah National Law University, Naya Raipur] One of the mistakes in corporate drafting today is to include “can” or “may” in a clause that addresses
Indian Arbitration Blog
The Indian Arbitration Blog, published by Koinos, focuses on arbitration law and practice in India. It covers topics such as the powers and jurisdiction of arbitral tribunals, interpretation of arbitration agreements, procedural aspects of arbitration, enforcement of arbitral awards, and recent judicial decisions impacting arbitration. The blog also discusses legal principles relevant to arbitration, including contract interpretation doctrines and the role of courts in arbitration matters. It features contributions from legal practitioners and scholars, providing analysis of case law, statutory provisions, and arbitration-related issues in both domestic and international contexts.
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Whose Truth is it Anyway? The Silent Geopolitics Inside Your Arbitration Algorithm
[This guest post is authored by Shubham Shrivastva, Penultimate Year Law Student, Dharmashastra National Law University] Consider the following thought exercise. Into an international arbitration, two legal teams go. At stake are the multi-billion-dollar investments of a western energy firm…
ASF Buildtech v Shapoorji Pallonji: Dissecting the Arbitral Tribunal’s Power to Implead Non-signatories
In ASF Buildtech Private Limited v Shapoorji Pallonji & Co Private Limited[1] (ASF Buildtech), the Supreme Court recently clarified that an arbitral tribunal has the power to implead a non-signatory who is bound by an arbitration agreement. Along with the…
Finding a Place for Contra Proferentem in Arbitration
(This guest post is co-authored by Rahul Kumar and Aditya Singh. Rahul is an advocate at Sarvada and Aditya is a third-year law student at RML-NLU. This post was edited by Devansh Pandit) The doctrine of Verba Chartarum Fortius Accipiuntur…
ONGC v. Afcons: A Call for Revision of Arbitrators’ Fees
[This guest post is authored by Rahul Kumar, Advocate, Sarvada Legal; Aditya Singh, 3rd year student at Dr. Ram Manohar Lohiya National Law University, Lucknow; and Devashish Jain, 3rd year student at Hidayatullah National Law University, Raipur. The authors can…
Discussing the Validity of Pre-conditions for Invocation of Arbitration
[This guest post is authored by Anjali Busar and Khushboo Sharma. Anjali is a fifth-year B.A. LL.B (Hons.) student at National Law University, Lucknow and Khushboo is a third-year B.A. LL.B (Hons.) student at National Law University, Lucknow] Discussing the…
Does an Extension Agreement Need a Specific Arbitration Clause?
[This guest post is authored by Suvanwesh Das. He is a 3rd year B.B.A., LL.B. student at National Law University Odisha] Arbitration agreements, like any other contract, can be overridden by another agreement between the Parties. If the original contract…
Mitra Guha Builders Co. vs. ONGC Ltd: Examining the scope of Arbitrators in Excepted Matters
[The guest post is authored by Saloni Neema, third year law student from Damodaram Sanjivayya National Law University, Visakhapatnam] Introduction It is well-settled law that arbitrators are creatures of the contract between the parties. In cases where the agreement excludes…
ENFORCING EMERGENCY AWARDS IN INDIA IN FOREIGN SEATED ARBITRATIONS: WINNING A HALF-WON BATTLE
By Kavya Arora
[The guest post is authored by Veddant Majumdar, fifth year law student at Amity Law School, Delhi, GGSIP University] Introduction The demand for codification of emergency arbitration has created a frenzy in the international arbitration jurisprudence, owing to the numerous…
Haryana Tourism Ltd. v. M/s Kandhari Beverages Ltd: Analysis on High Court’s power under Section 37 of the Arbitration Act
By Kavya Arora
[The guest post is authored by Akshit Uniyal, fourth year law student at Institute of Law, Nirma University, Ahmedabad, Gujarat.] I. Introduction The Arbitration Act, 1996 (‘Act’) provides the recourse to be taken against an arbitral award if any party…